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Skeleton Argument and Bundle of Authorities for Preliminary Hearing
Comprehensive Hearing Preparation: Skeleton Arguments, Authorities, and Hearing Bundles
We understand that meticulous preparation of documentation is essential for success in tribunal proceedings. We specialise in preparing the core documents required for various hearings, particularly those governed by the strict procedural requirements of both the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT), as outlined in Practice Direction 2024.
I. Preparing Skeleton Arguments
A well-drafted skeleton argument is crucial for clearly presenting your case and identifying the key points of law upon which you rely.
Form and Content Requirements
A skeleton argument should be:
Concise and generally range between five and 15 pages (depending on complexity). If a skeleton argument exceeds 20 pages, the party may be required to resubmit a shorter version or have their time for oral submissions reduced.
Self-contained and does not incorporate arguments from other documents.
Typed on A4 paper in a clear and readable 12-point font, with sequential paragraph and page numbers.
Refer to the parties as they were described in the tribunal (claimant and respondent) or by name.
Identify the paragraph(s) of the judgment, order, or decision appealed that demonstrate the alleged error of law.
For each ground of appeal, identify and summarise the point(s) of law and the relevant legal principles.
Cite statutory provisions by the section number or rule, and case law by the name, citation, page number, and paragraph number or letter, along with the principle of law it establishes. Substantial extracts from provisions or decisions should not be included.
Refer to any document by the correct page number in the agreed core or supplementary bundle.
State the order sought from the EAT (e.g., whether the EAT should substitute a decision or remit the case).
When Skeleton Arguments Are Required (EAT)
Skeleton arguments should be submitted in Hearings in England and Wales, unless the ET directs otherwise or the Notice of Appeal/Answer contains the complete argument.
II. Authorities and Statutory Provisions
Preparing the bundle of authorities involves strict requirements regarding submission, content, and format, particularly with respect to case law and relevant statutory provisions.
Submission Deadlines and Content for Hearing
Suppose a party wishes to rely on authorities for a Preliminary Hearing. In that case, they must send a bundle of authorities to the ET and the other parties at least seven days prior to the hearing.
For Full Hearings, parties must cooperate to produce a bundle that includes statutory provisions and authorities that both support and contradict a party's case.
Generally, there is a limit of ten authorities, except in "exceptionally complex" appeals.
Authorities must set out legal principles.
If a statutory provision has been amended, the provision in force at the relevant time must be provided and annotated to state the amendment and its date.
Formatting the Bundle of Authorities
The statutory provisions and case reports must be in chronological order.
The bundle must begin with a table of contents that lists the names of the provisions and authorities, along with the page number where each starts.
Copies of authorities should be provided from formal reports (e.g., ICR or IRLR), rather than online sources, where one or more parties are represented.
The relevant passages intended to be relied upon must be sidelined or clearly highlighted. In the electronic version, these passages must also be bookmarked.
Familiar Authorities
A list of "familiar authorities" is maintained on the ET website, and copies are kept in every ET room. These familiar authorities should not be included in the bundle of authorities, but may be referred to by name, stating the relevant paragraph number(s) in the report and the principle relied upon.
III. Compiling and Formatting Hearing Bundles
The hearing bundle contains the pleadings and documents necessary for the tribunal to consider the case.
Submission Requirements (ET)
For a Full Hearing, the order listing the hearing will fix a time for the parties to compile and agree upon a core bundle and, if necessary, a supplementary bundle. For a Preliminary Hearing (PH), an appellant is not required to submit a bundle unless the ET orders them to do so or they want the Judge to consider documents in addition to the judgment being appealed.
General Format Requirements
A bundle of documents must:
Begin with a table of contents that lists each document and its corresponding page number.
Contain documents that are legible and unmarked, using the best available copy.
Be paginated with the table of contents being page 1.
Electronic Format Requirements
If provided electronically, the bundle should match the hard copy and meet additional technical standards:
Must be in PDF format and be the smallest practicable file size.
Must be machine-readable so that it can be searched (not just images of documents).
Must have electronic bookmarks for each section referred to in the core bundle or hyperlinks in the table of contents.
Should be paginated so that the electronic PDF page number is the same as the number on the hard copy page.
Comprehensive Hearing Preparation: Skeleton Arguments, Authorities, and Hearing Bundles
We understand that meticulous preparation of documentation is essential for success in tribunal proceedings. We specialise in preparing the core documents required for various hearings, particularly those governed by the strict procedural requirements of both the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT), as outlined in Practice Direction 2024.
I. Preparing Skeleton Arguments
A well-drafted skeleton argument is crucial for clearly presenting your case and identifying the key points of law upon which you rely.
Form and Content Requirements
A skeleton argument should be:
Concise and generally range between five and 15 pages (depending on complexity). If a skeleton argument exceeds 20 pages, the party may be required to resubmit a shorter version or have their time for oral submissions reduced.
Self-contained and does not incorporate arguments from other documents.
Typed on A4 paper in a clear and readable 12-point font, with sequential paragraph and page numbers.
Refer to the parties as they were described in the tribunal (claimant and respondent) or by name.
Identify the paragraph(s) of the judgment, order, or decision appealed that demonstrate the alleged error of law.
For each ground of appeal, identify and summarise the point(s) of law and the relevant legal principles.
Cite statutory provisions by the section number or rule, and case law by the name, citation, page number, and paragraph number or letter, along with the principle of law it establishes. Substantial extracts from provisions or decisions should not be included.
Refer to any document by the correct page number in the agreed core or supplementary bundle.
State the order sought from the EAT (e.g., whether the EAT should substitute a decision or remit the case).
When Skeleton Arguments Are Required (EAT)
Skeleton arguments should be submitted in Hearings in England and Wales, unless the ET directs otherwise or the Notice of Appeal/Answer contains the complete argument.
II. Authorities and Statutory Provisions
Preparing the bundle of authorities involves strict requirements regarding submission, content, and format, particularly with respect to case law and relevant statutory provisions.
Submission Deadlines and Content for Hearing
Suppose a party wishes to rely on authorities for a Preliminary Hearing. In that case, they must send a bundle of authorities to the ET and the other parties at least seven days prior to the hearing.
For Full Hearings, parties must cooperate to produce a bundle that includes statutory provisions and authorities that both support and contradict a party's case.
Generally, there is a limit of ten authorities, except in "exceptionally complex" appeals.
Authorities must set out legal principles.
If a statutory provision has been amended, the provision in force at the relevant time must be provided and annotated to state the amendment and its date.
Formatting the Bundle of Authorities
The statutory provisions and case reports must be in chronological order.
The bundle must begin with a table of contents that lists the names of the provisions and authorities, along with the page number where each starts.
Copies of authorities should be provided from formal reports (e.g., ICR or IRLR), rather than online sources, where one or more parties are represented.
The relevant passages intended to be relied upon must be sidelined or clearly highlighted. In the electronic version, these passages must also be bookmarked.
Familiar Authorities
A list of "familiar authorities" is maintained on the ET website, and copies are kept in every ET room. These familiar authorities should not be included in the bundle of authorities, but may be referred to by name, stating the relevant paragraph number(s) in the report and the principle relied upon.
III. Compiling and Formatting Hearing Bundles
The hearing bundle contains the pleadings and documents necessary for the tribunal to consider the case.
Submission Requirements (ET)
For a Full Hearing, the order listing the hearing will fix a time for the parties to compile and agree upon a core bundle and, if necessary, a supplementary bundle. For a Preliminary Hearing (PH), an appellant is not required to submit a bundle unless the ET orders them to do so or they want the Judge to consider documents in addition to the judgment being appealed.
General Format Requirements
A bundle of documents must:
Begin with a table of contents that lists each document and its corresponding page number.
Contain documents that are legible and unmarked, using the best available copy.
Be paginated with the table of contents being page 1.
Electronic Format Requirements
If provided electronically, the bundle should match the hard copy and meet additional technical standards:
Must be in PDF format and be the smallest practicable file size.
Must be machine-readable so that it can be searched (not just images of documents).
Must have electronic bookmarks for each section referred to in the core bundle or hyperlinks in the table of contents.
Should be paginated so that the electronic PDF page number is the same as the number on the hard copy page.